Humberto Massa wrote:
> @ 27/04/2004 10:05 : wrote Arnoud Engelfriet :
> >I have no idea whether a US court would like to apply this
> >clause, but if the author goes to court, he is likely to get
> >the court to use Dutch law, using this clause.
> >
> >
> I don't believe this for a moment. Not in the US, and most certainly not
> in Brasil.
I don't know Brazilian law. However, a choice of law is quite common
in contracts. If a US court were to find that the parties did make
a contract, it seems likely to me they would honor the parties'
choice of law and venue.
I do know Dutch law, and under Dutch law a choice of law is
certainly respected in contracts, unless it's clearly totally
inappropriate.
And there has been quite some European caselaw that acknowledges the
possibility.
> Here, the only law that can be used in court is Brazilian
> law.
Interesting. So Brazil doesn't have any provision for people to
agree on certain choice of law? It seems rather unusual.
Arnoud
--
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/